A number of philosophers have become interested in the ways that individuals are subject to harm as the performers of illocutionary acts. This paper offers an account of the underlying structure of such harms: I argue that speakers are the subjects of illocutionary harm when there is interference in the entitlement structure of their linguistic activities. This interference comes in two forms: denial and incapacitation. In cases of denial, a speaker is prevented from achieving the outcomes to which (...) they are entitled by their speech. In cases of incapacitation, a speaker’s standing to expect certain outcomes is itself undermined. I also discuss how individual speakers are subject to interference along two dimensions: as exercisers of certain non-linguistic capacities, and as producers of meaningful speech. (shrink)

In a recent discussion, Walter Glannon discusses a number of ways we might try to minimize harm to patients who experience intraoperative awareness. In this response I direct attention to a possibility that deserves further attention. It might be that a kind of psychological intervention – namely, informing patients of the possibility of intraoperative awareness and of what to expect in such a case – would constitute a unique way to respect patient autonomy, as well as minimize the (...) class='Hi'>harm that typically follows intraoperative awareness events. (shrink)

In our paper, we argue for three necessary conditions for morally permissible animal research: (1) an assertion (or expectation) of sufficient net benefit, (2) a worthwhile-life condition, and (3) a no-unnecessary-harm/qualified-basic-needs condition. We argue that these conditions are necessary, without taking a position on whether they are jointly sufficient. In their excellent commentary on our paper, Matthias Eggel, Carolyn Neuhaus, and Herwig Grimm (hereafter, the authors) argue for a friendly amendment to one of our three conditions. In particular, they (...) argue for replacing the first condition—expectation of sufficient net benefit (ESNB)—with an expectation of knowledge production (EKP). In this reply, we will explain why we are open to this proposed amendment, but not yet convinced. (shrink)

Some consequentialists argue that ordinary individuals are obligated to act in specific, concrete ways to address large-scale harms. For example, they argue that we should each refrain from meat-eating and avoid buying sweatshop-made clothing. The case they advance for such prescriptions can seem intuitive and compelling: by acting in those ways, a person might help prevent serious harms from being produced at little or no personal cost, and so one should act in those ways. But I argue that such reasoning (...) often relies on an overly simplistic assessment of the costs and benefits of those prescriptions, one that misconstrues or neglects important issues. Indeed, a closer look at those costs and benefits reveals just how little we often know about a number of real-world matters that bear on the expected consequences of the prescribed individual actions. Our predicament is one of radical uncertainty: we currently lack a sound basis for concluding that the relevant actions are more likely to do good than to backfire. I distinguish this empirically grounded objection from others, which are not convincing—including one based on the mere conceivability of the actions in question backfiring and another based on the supposition that such actions cannot make a difference in addressing the massive problems at issue. The upshot is that, at least for now, consequentialist arguments for many specific individual actions aimed at addressing large-scale harms are inconclusive. (shrink)

Multi-user online environments involve millions of participants world-wide. In these online communities participants can use their online personas – avatars – to chat, fight, make friends, have sex, kill monsters and even get married. Unfortunately participants can also use their avatars to stalk, kill, sexually assault, steal from and torture each other. Despite attempts to minimise the likelihood of interpersonal virtual harm, programmers cannot remove all possibility of online deviant behaviour. Participants are often greatly distressed when their avatars are (...) harmed by other participants’ malicious actions, yet there is a tendency in the literature on this topic to dismiss such distress as evidence of too great an involvement in and identification with the online character. In this paper I argue that this dismissal of virtual harm is based on a set of false assumptions about the nature of avatar attachment and its relation to genuine moral harm. I argue that we cannot dismiss avatar attachment as morally insignificant without being forced to also dismiss other, more acceptable, forms of attachment such as attachment to possessions, people and cultural objects and communities. Arguments against according moral significance to virtual harm fail because they do not reflect participants’ and programmers’ experiences and expectations of virtual communities and they have the unintended consequence of failing to grant significance to attachments that we take for granted, morally speaking. Avatar attachment is expressive of identity and self-conception and should therefore be accorded the moral significance we give to real-life attachments that play a similar role. (shrink)

Why should we refrain from doing things that, taken collectively, are environmentally destructive, if our individual acts seem almost certain to make no difference? According to the expected consequences approach, we should refrain from doing these things because our individual acts have small risks of causing great harm, which outweigh the expected benefits of performing them. Several authors have argued convincingly that this provides a plausible account of our moral reasons to do things like vote for policies (...) that will reduce our countries’ greenhouse gas emissions, adopt plant-based diets, and otherwise reduce our individual emissions. But this approach has recently been challenged by authors like Bernward Gesang and Julia Nefsky. Gesang contends that it may be genuinely impossible for our individual emissions to make a morally relevant difference. Nefsky argues more generally that the expected consequences approach cannot adequately explain our reasons not to do things if there is no precise fact of the matter about whether their outcomes are harmful. -/- In the following chapter, author Howard Nye defends the expected consequences approach against these objections. Nye contends that Gesang has shown at most that our emissions could have metaphysically indeterministic effects that lack precise objective chances. He argues, moreover, that the expected consequences approach can draw upon existing extensions to cases of indeterminism and imprecise probabilities to deliver the result that we have the same moral reasons to reduce our emissions in Gesang’s scenario as in deterministic scenarios. Nye also shows how the expected consequences approach can draw upon these extensions to handle Nefsky’s concern about the absence of precise facts concerning whether the outcomes of certain acts are harmful. The author concludes that the expected consequences approach provides a fully adequate account of our moral reasons to take both political and personal action to reduce our ecological footprints. (shrink)

Mehlman and Li offer a framework for approaching the bioethical issues raised by the military use of genomics that is compellingly grounded in both the contemporary civilian and military ethics of medical research, arguing that military commanders must be bound by the two principles of paternal- ism and proportionality. I agree fully. But I argue here that this is a much higher bar than we may fully realize. Just as the principle of proportionality relies upon a thorough assessment of harms (...) caused and military advantage gained, the use of genomic research, on Mehlman and Li’s view, will require an accurate understanding of the connection between genotypes and phenotypes – accurate enough to ameliorate the risk undertaken by our armed forces in being subject to such research. Recent conceptual work in evolutionary theory and the philosophy of biology, however, renders it doubtful that such knowledge is forthcoming. The complexity of the relationship between genotypic factors and realized traits (the so-called ‘G→P map’) makes the estimation of potential military advantage, as well as potential harm to our troops, incredibly challenging. Such fundamental conceptual challenges call into question our ability to ever satisfactorily satisfy the demands of a sufficiently rigorous ethical standard. (shrink)

Many philosophers argue that religious schools are guilty of indoctrinatory harm. I think they are right to be worried about that. But in this article, I will postulate that there are other harms for many individuals that are more severe outside the religious school. Accordingly the full scope of harm should be taken into account when evaluating the harm that some religious schools may do. Once we do that, I suggest, justice may require that we choose the (...) lesser harm. To simplify matters, I focus my attention on the stigmatic harm done to Muslims, and the role that Islamic schools might be expected to play in mitigating that harm. If the full weight of stigmatic harm is factored into the ethical analysis concerning Islamic schools, then I suggest that there are sufficiently weighty pro tanto reasons for Muslim parents to prefer an Islamic school over the alternatives, notwithstanding the potential indoctrinatory harm. (shrink)

Some progress has been made in recent decades to articulate corporate social responsibility (CSR) and, more recently, to associate CSR with international enforcement of human rights. This progress continues to be hampered, however, by the ability of a multinational corporation (MNC) that violates human rights not only to shift liability from itself to a nation-state but even to win compensation from that nation-state for loss of profits due to restrictions on its business activities. In the process, the nation-state’s sovereignty is (...) diminishing; and, in effect, though still attributed to nation-states, it is being transferred to the MNC. The main aim of this article is (1) to draw on normative considerations to claim that this MNC proto-sovereignty should be modified and (2) to contend that this can eventually be accomplished by adding to corporate adoption of CSR guidelines a regimen of global human rights enforcement. I base this contention on expectations about the internationalization of corporate criminal law and the globalization of civil society in general and of NGOs in particular. I consider various jurisdictions but I focus on US jurisprudence. (shrink)

Agent-centered constraints on harming hold that some harmful upshots of our conduct cannot be justified by its generating equal or somewhat greater benefits. In this paper I argue that all plausible theories of agent-centered constraints on harming are undermined by the likelihood that our actions will have butterfly effects, or cause cascades of changes that make the world dramatically different than it would have been. Theories that impose constraints against only intended harming or proximally caused harm have unacceptable implications (...) for choices between more and less harmful ways of securing greater goods. This leaves as plausible only theories that impose constraints against causing some unintended distal harms. But, I argue, given the distal harms our actions are likely to cause through their butterfly effects, these theories entail that any way of sustaining our lives is overwhelmingly likely to involve unjustified killing, and that we are therefore morally required either to allow ourselves to waste away or kill ourselves. (shrink)

What requirements does morality impose on us in relation to climate change? This question can be asked of individuals, of the entire global population, and of groups of various sizes in between. Given the case for accepting that we all collectively ought to be causing less climate-affecting pollution than we do, what follows from that about the moral status of the actions of members of the larger group? I examine two main ways in which moral requirements on group members can (...) derive from requirements that apply to the larger group. But neither of them seems to apply to the case of climate-affecting pollution. Perhaps this is a case where we together act wrongly, although no-one’s contribution to our doing so is wrong. (shrink)

Advances in immunotherapy pave the way for vaccines that target not only infections, but also unhealthy behaviors such as smoking. A nicotine vaccine that eliminates the pleasure associated with smoking could potentially be used to prevent children from adopting this addictive and dangerous behavior. This paper offers an ethical analysis of such vaccines. We argue that it would be permissible for parents to give their child a nicotine vaccine if the following conditions are met: (1) the vaccine is expected (...) to result in a net benefit to each individual vaccinated, (2) the expected harms from the side effects of the vaccine are lower than the non-voluntary harms of smoking, and (3) there are no less manipulative methods available that are as effective at preventing smoking initiation. Finally, we show how the framework developed here could be used to analyze the ethics of other chemical interventions designed to modify children’s behavior. (shrink)

In virtue of what are we responsible for our beliefs? I argue that doxastic responsibility has a crucial social component: part of being responsible for our beliefs is being responsible to others. I suggest that this responsibility is a form of answerability with two distinct dimensions: an individual and an interpersonal dimension. While most views hold that the individual dimension is grounded in some form of control that we can exercise over our beliefs, I contend that we are answerable for (...) our beliefs as long as they reflect our evaluative commitments and dispositions, or are products of our reasoning, where this does not amount to a form of control. I next argue that answerability has a second, largely neglected dimension: the interpersonal dimension, which is grounded in what I call our relations of doxastic dependence. As social creatures, we depend on one another in our capacity as believers. We depend on one another as believers not only in epistemic ways, but also in practical ways, because our beliefs inform and motivate our actions, and allow us to participate in shared practical goals. Depending on one another in these ways is an unavoidable part of cooperating in the shared project of pursuing epistemic and practical success, and it makes us vulnerable to both epistemic and moral harm. It is because of this, I argue, that answerability has interpersonal normative force upon us: we are subject to legitimate expectations associated with participating in relations of doxastic dependence. (shrink)

Intellectual courage requires acting to promote epistemic goods despite significant risk of harm. Courage is distinguished from recklessness and cowardice because the expected epistemic benefit of a courageous action outweighs (in some sense) the threatened harm. Sometimes, however, inquirers pursue theories that are not best supported by their current evidence. For these inquirers, the expected epistemic benefit of their actions cannot be explained by appeal to their evidence alone. The probability of pursuing the true theory cannot (...) contribute enough to the expected epistemic benefit for the action to count as courageous rather than reckless. Thus, there must be some other epistemic consideration which favors their action, besides evidence for their theory. I argue that the proper account of intellectual courage requires recognition of inquisitive reasons: a distinct category of epistemic reasons which concern successful inquiry. This category includes reasons to think a theory itself is promising, e.g., that the theory suggests potentially fruitful new research. It also includes social epistemic reasons, e.g., that pursuing a theory will improve the distribution of cognitive labor. Inquisitive reasons help explain why researchers who pursue improbable theories count as intellectually courageous, rather than reckless. The expected epistemic benefit of an action is partially determined by the inquisitive reasons in its favor. On my account, intellectually courageous inquiry requires acting in a way that is sensitive to inquisitive reasons. (shrink)

This paper challenges the two aims of Michael Cholbi’s Rational Will View (RWV) which are to (1) offer an account of why paternalism is presumptively or pro tanto wrong and (2) relate the relative wrongness of paternalistic interventions to the rational powers that such interventions target (Sections 1 and 2). Some of a paternalizee’s choices harm their future selves in ways that would be wrong if they were done to others. I claim this challenges Cholbi’s second aim (2) because (...) the cases his account deems particularly wrong turn out to be not to be as wrongful as expected (Section 3). When this second aim is challenged, it has knock-on effects on the capacity of the RWV to discern which cases of paternalism are generally more wrongful than others, which undermines Cholbi’s first aim (1). I consider responses on behalf of Cholbi’s view but conclude that the account is insufficient on its own to vindicate its two aims (Section 4). Finally, I draw on recent work that adopts ideas from the practical reasoning literature to help determine paternalism’s wrongness (Section 5). I argue this helps Cholbi’s view withstand my objections, but we must remain skeptical of why interceding with rational powers is particularly wrong. (shrink)

In this note, my aim is to point out a phenomenon that has not received much attention; a phenomenon that, in my opinion, should not be overlooked in the professional practice of philosophy, especially within feminist efforts for social justice. I am referring to the way in which being a non-native speaker of English interacts with the practice of philosophy.1 There is evidence that non-native speakers are often perceived in prejudiced ways. Such prejudiced perception causes harm and, more importantly, (...) constitutes wrongdoing. As in other cases of prejudiced perception and biased behavior, it would be pretentious and misguided to expect philosophers and the philosophy profession to be free from this vice. There are good reasons to think that this prejudiced perception is bad not only for the persons who are perceived in such a way, but also for the profession, for it might make us miss important things that could improve philosophy in general. I claim we should be more sensitive to this phenomenon, both out of concern for justice, and for the sake of doing better philosophy. (shrink)

In this paper, we present three necessary conditions for morally responsible animal research that we believe people on both sides of this debate can accept. Specifically, we argue that, even if human beings have higher moral status than nonhuman animals, animal research is morally permissible only if it satisfies (a) an expectation of sufficient net benefit, (b) a worthwhile-life condition, and (c) a no unnecessary-harm/qualified-basic-needs condition. We then claim that, whether or not these necessary conditions are jointly sufficient conditions (...) of justified animal research, they are relatively demanding with the consequence that many animal experiments may fail to satisfy them. (shrink)

Many people are worried about the harmful effects of climate change but nevertheless enjoy some activities that contribute to the emission of greenhouse gas (driving, flying, eating meat, etc.), the main cause of climate change. How should such people make choices between engaging in and refraining from enjoyable greenhouse-gas-emitting activities? In this chapter, we look at the answer provided by decision theory. Some scholars think that the right answer is given by interactive decision theory, or game theory; and moreover think (...) that since private climate decisions are instances of the prisoner’s dilemma, one rationally should engage in these activities provided that one enjoys them. Others think that the right answer is given by expected utility theory, the best-known version of individual decision theory under risk and uncertainty. In this chapter, we review these different answers, with a special focus on the latter answer and the debate it has generated. (shrink)

When two actors have the same mental state but one happens to harm another person (unlucky actor) and the other one does not (lucky actor), the latter elicits a milder moral judgement. To understand how this outcome effect would affect post-harm interactions between victims and perpetrators, we examined how the social role from which transgressions are perceived moderates the outcome effect, and how outcome effects on moral judgements transfer to agentic and communal interpersonal goals. Three vignette experiments (N (...) = 950) revealed similar outcome effects on moral judgement across social roles. In contrast, outcome effects on agentic and communal goals varied by social role: victims exhibited the strongest outcome effects and perpetrators the weakest, with bystanders falling in between. Moral judgement did not mediate the effects of outcome severity on interpersonal goals. We discuss the possibility that outcome severity raises normative expectations regarding post-harm interactions that are unrelated to moral considerations. (shrink)

Due to the shortage of organs, it has been proposed that the ban on organ sales is lifted and a market-based procurement system introduced. This paper assesses four prominent proposals for how such a market could be arranged: unregulated current market, regulated current market, payment-for-consent futures market, and the family-reward futures market. These are assessed in terms of how applicable prominent concerns with organ sales are for each model. The concerns evaluated are that organ markets will crowd out altruistic donation, (...) that consent to sell organs is invalid, that sellers will be harmed, and that commodification of organs will affect human relationships in a negative way. The paper concludes that the family-reward futures market fares best in this comparison but also that it provides the weakest incentive to potential buyers. There is an inverse relationship between how applicable prominent critiques are to organ market models and the increase in available organs they can be expected to provide. (shrink)

ABSTRACT Offsetting is a very ineffective way to do good. Offsetting your lifetime emissions may increase aggregated life expectancy by at most seven years, while giving the amount it costs to offset your lifetime emissions to a malaria charity saves in expectation the life of at least one child. Is there any moral reason to offset rather than giving to some charity that does good so much more effectively? There might be such a reason if your offsetting compensated or somehow (...) benefitted the victims of your emission, since that could mean that you would satisfy the duty not to harm others by emitting and offsetting. But that is typically not true. If your emission harms some person and your offsetting benefits some person, then these are most likely different people. Hence, I conclude, we have a stronger reason to give to effective charities than we have to offset our emissions. (shrink)

Abstract4E approaches to affective technology tend to focus on how ‘users’ manage their situated affectivity, analogously to how they help themselves cognitively through epistemic actions or using artefacts and scaffolding. Here I focus on cases where the function of affective technology is to exploit or manipulate the agent engaging with it. My opening example is the cigarette, where technological refinements have harmfully transformed the affective process of consuming nicotine. I proceed to develop case studies of two very different but also (...) harmful affective technologies. Casinos and electronic gambling machines deploy computationally intensive scaffolding to shape the onset and continuation of gambling episodes. High-heeled shoes affectively engineer wearers’ relationships to their own embodied capacities and are predominantly expected to be worn by women. I conclude with a discussion of the need for study of affective technology to focus other-directed applications, some of which will serve competing or antagonistic interests. (shrink)

A plausible condition on having the standing to blame someone is that the target of blame's wrongdoing must in some sense be your “business”—the wrong must in some sense harm or affect you, or others close to you. This is known as the business condition on standing to blame. Many cases of epistemic blame discussed in the literature do not obviously involve examples of someone harming or affecting another. As such, not enough has been said about how an individual's (...) epistemic failing can really count as another person's business. In this paper, I deploy a relationship-based account of epistemic blame to clarify the conditions under which the business condition can be met in the epistemic domain. The basic idea is that one person's epistemic failing can be another's business in virtue of the way it impairs their epistemic relationship. (shrink)

Inspired by recent breakthroughs in predictive modeling, practitioners in both industry and government have turned to machine learning with hopes of operationalizing predictions to drive automated decisions. Unfortunately, many social desiderata concerning consequential decisions, such as justice or fairness, have no natural formulation within a purely predictive framework. In efforts to mitigate these problems, researchers have proposed a variety of metrics for quantifying deviations from various statistical parities that we might expect to observe in a fair world and offered a (...) variety of algorithms in attempts to satisfy subsets of these parities or to trade o the degree to which they are satised against utility. In this paper, we connect this approach to fair machine learning to the literature on ideal and non-ideal methodological approaches in political philosophy. The ideal approach requires positing the principles according to which a just world would operate. In the most straightforward application of ideal theory, one supports a proposed policy by arguing that it closes a discrepancy between the real and the perfectly just world. However, by failing to account for the mechanisms by which our non-ideal world arose, the responsibilities of various decision-makers, and the impacts of proposed policies, naive applications of ideal thinking can lead to misguided interventions. In this paper, we demonstrate a connection between the fair machine learning literature and the ideal approach in political philosophy, and argue that the increasingly apparent shortcomings of proposed fair machine learning algorithms reflect broader troubles faced by the ideal approach. We conclude with a critical discussion of the harms of misguided solutions, a reinterpretation of impossibility results, and directions for future research. (shrink)

It is widely acknowledged that susceptibility to suitable emotional responses is part of what it is to value something. Indeed, the value of at least some things calls for such emotional responses – if we lack them, we don’t respond appropriately to their value. In this paper, I argue that susceptibility to anger is an essential component of valuing other people, ourselves, and our relationships. The main reason is that various modes of valuing, such as respect, self-respect, and love, ground (...) normative expectations towards others and ourselves. And holding someone accountable for violating legitimate normative expectations involves emotions from the anger family, such as resentment and indignation. I hold that such forms of anger, which aim at getting the target to conform to expectations or lower their unduly elevated status, are neither inherently problematic or dispensable parts of the package of attitudes involved in valuing. Finally, thinking about anger’s role in valuing also helps see when it is out of place or immature – roughly, it is often excessive, because we easily exaggerate the magnitude of the value involved, the harm or threat to it, or the degree of the target’s moral responsibility. (shrink)

A question arising from the COVID-19 crisis is whether the merits of cases for climate policies have been affected. This article focuses on carbon pricing, in the form of either carbon taxes or emissions trading. It discusses the extent to which relative costs and benefits of introducing carbon pricing may have changed in the context of COVID-19, during both the crisis and the recovery period to follow. In several ways, the case for introducing a carbon price is stronger during the (...) COVID-19 crisis than under normal conditions. Oil costs are lower than normal, so we would expect less harm to consumers compared to normal conditions. Governments have immediate need for diversified new revenue streams in light of both decreased tax receipts and greater use of social safety nets. Finally, supply and demand shocks have led to already destabilized supply-side activities, and carbon pricing would allow this destabilization to equilibrate around greener production for the long-term. The strengthening of the case for introducing carbon pricing now is highly relevant to discussions about recovery measures, especially in the context of policy announcements from the European Union and United States House of Representatives. Key Policy Insights: • Persistently low oil prices mean that consumers will face lower pain from carbon pricing than under normal conditions. • Many consumers are more price-sensitive during the COVID-19 context, which suggests that a greater relative burden from carbon prices would fall upon producers as opposed to consumers than under normal conditions. • Carbon prices in the COVID-19 context can introduce new revenue streams, assisting with fiscal holes or with other green priorities. • Carbon pricing would contribute to a more sustainable COVID-19 recovery period, since many of the costs of revamping supply chains are already being felt while idled labor capacity can be incorporated into firms with lower carbon-intensity. (shrink)

An axiom of medical research ethics is that a protocol is moral only if it has a “favorable risk-benefit ratio”. This axiom is usually interpreted in the following way: a medical research protocol is moral only if it has a positive expected value -- that is, if it is likely to do more good (to both subjects and society) than harm. I argue that, thus interpreted, the axiom has two problems. First, it is unusable, because it requires us (...) to know more about the potential outcomes of research than we ever could. Second, it is false, because it conflicts with the so-called “soft paternalist” principles of liberal democracy. In place of this flawed rule I propose a new way of making risk-benefit assessments, one that does comport with the principles of liberalism. I argue that a protocol is moral only if it would be entered into by competent subjects who are informed about the protocol. The new rule this eschews all pseudo-utilitarian calculation about the protocol’s likely harms and benefits. (shrink)

In this article I discuss David Shoemaker’s recently published piece “Responsibility: The State of the Question. Fault Lines in the Foundations.” While agreeing with Shoemaker on many points, I argue for a more unified diagnosis of the seemingly intractable debates that plague (what I call) “responsibility studies.” I claim that, of the five fault lines Shoemaker identifies, the most basic one is about the role that the notion of deserved harm should play in the theory of moral responsibility. I (...) argue that the deep divide between those theorists who affirm and those who deny that moral responsibility is essentially about the justification of desert thus understood can be traced to the disagreement about whether the focus on the reactive attitudes by itself entails that moral responsibility has nothing to do with traditional questions about desert and free will. I then show that the seeming intractableness of the other four fault lines Shoemaker identifies is expectable and explicable in light of this more basic disagreement. After this diagnostic work, I conclude by suggesting a solution to the “morass” that has taken over responsibility studies: theorists working in the field should acknowledge that it has effectively bifurcated into two discrete subareas, which I suggest calling “retribution studies” and “interpersonal studies.” -/- . (shrink)

Armed military interventions often inflict large amounts of collateral harm on innocent civilians. Ought intervening soldiers, when possible, to direct collateral harm to one innocent population group rather than the other? Recently several authors have proposed that expected beneficiaries of a military intervention ought to carry greater risk of collateral harm than neutral bystanders who are not subject to the threat the military forces are intervening to avert. According to this view, intervening soldiers ought to reduce (...) the risk of collateral harm to neutral bystanders, even if this means foreseeably imposing a somewhat higher overall number of collateral casualties among those for whom the intervention is conducted. This chapter raises a number of challenges to this view. Even if the beneficiary thesis is accepted with respect to discrete risk-imposing acts, it should not be with respect to risk-imposing strategies individuated on a war-by-war basis. (shrink)

Warfare is becoming increasingly automated, from automatic missile defense systems to micro-UAVs (WASPs) that can maneuver through urban environments with ease, and each advance brings with it ethical questions in need of resolving. Proponents of lethal autonomous weapons systems (LAWS) provide varied arguments in their favor; robots are capable of better identifying combatants and civilians, thus reducing "collateral damage"; robots need not protect themselves and so can incur more risks to protect innocents or gather more information before using deadly force; (...) robots can assess situations more quickly and do so without emotion, reducing the likelihood of fatal mistakes due to human error; and sending robots to war protects our own soldiers from harm. However, these arguments only point in favor of autonomous weapons systems, failing to demonstrate why such systems need be made *lethal*. In this paper I argue that if one grants all of the proponents' points in favor of LAWS, then, contrary to what might be expected, this leads to the conclusion that it would be both immoral and illegal to deploy *lethal* autonomous weapons, because the many features that speak in favor of them also undermine the need for them to be programmed to take lives. In particular, I argue that such systems, if lethal, would violate the moral and legal principle of necessity, which forbids the use of weapons that impose superfluous injury or unnecessary harm. I conclude by highlighting that the argument is not against autonomous weapons per se, but only against *lethal* autonomous weapons. (shrink)

As the aim of the responsible robotics initiative is to ensure that responsible practices are inculcated within each stage of design, development and use, this impetus is undergirded by the alignment of ethical and legal considerations towards socially beneficial ends. While every effort should be expended to ensure that issues of responsibility are addressed at each stage of technological progression, irresponsibility is inherent within the nature of robotics technologies from a theoretical perspective that threatens to thwart the endeavour. This is (...) because the concept of responsibility, despite being treated as such, is not monolithic: rather this seemingly unified concept consists of converging and confluent concepts that shape the idea of what we colloquially call responsibility. From a different perspective, robotics will be simultaneously responsible and irresponsible depending on the particular concept of responsibility that is foregrounded: an observation that cuts against the grain of the drive towards responsible robotics. This problem is further compounded by responsible design and development as contrasted to responsible use. From a different perspective, the difficulty in defining the concept of responsibility in robotics is because human responsibility is the main frame of reference. Robotic systems are increasingly expected to achieve the human-level performance, including the capacities associated with responsibility and other criteria which are necessary to act responsibly. This subsists within a larger phenomenon where the difference between humans and non-humans, be it animals or artificial systems, appears to be increasingly blurred, thereby disrupting orthodox understandings of responsibility. This paper seeks to supplement the responsible robotics impulse by proposing a complementary set of human rights directed specifically against the harms arising from robotic and artificial intelligence technologies. The relationship between responsibilities of the agent and the rights of the patient suggest that a rights regime is the other side of responsibility coin. The major distinction of this approach is to invert the power relationship: while human agents are perceived to control robotic patients, the prospect for this to become reversed is beginning. As robotic technologies become ever more sophisticated, and even genuinely complex, asserting human rights directly against robotic harms become increasingly important. Such an approach includes not only developing human rights that ‘protect’ humans but also ‘strengthen’ people against the challenges introduced by robotics and AI [This distinction parallels Berlin’s negative and positive concepts of liberty ], by emphasising the social and reflective character of the notion of humanness as well as the difference between the human and nonhuman. This will allow using the human frame of reference as constitutive of, rather than only subject to, the robotic and AI technologies, where it is human and not technology characteristics that shape the human rights framework in the first place. (shrink)

Contrary to the widely accepted consensus, Christopher Heath Wellman argues that there are no pre-institutional judicial procedural rights. Thus commonly affirmed rights like the right to a fair trial cannot be assumed in the literature on punishment and legal philosophy as they usually are. Wellman canvasses and rejects a variety of grounds proposed for such rights. I answer his skepticism by proposing two novel grounds for procedural rights. First, a general right against unreasonable risk of punishment grounds rights to an (...) institutionalized system of punishment. Second, to complement and extend the first ground, I more controversially propose a right to provision of the robust good of security. People have a right to others' protecting for avoiding wrongfully harming them: when I take an action that is reasonably expected to threaten the protected interests of others, I must take appropriate care to avoid setting back those interests. Inflicting punishment on someone--intentionally harming them in response to a violation--is prima facie wrongful, so I can only count as taking appropriate care in punishing when I follow familiar procedures that reliably and redundantly test whether they are liable to such punishment, i.e. whether they have forfeited their right against punishment through a culpable act. (shrink)

In times of crises, public health leaders may claim that trials of public health interventions are unethical. One reason for this claim can be that equipoise—i.e. a situation of uncertainty and/or disagreement among experts about the evidence regarding an intervention—has been disturbed by a change of collective expert views. Some might claim that equipoise is disturbed if the majority of experts believe that emergency public health interventions are likely to be more beneficial than harmful. However, such beliefs are not always (...) justified: where high quality research has not been conducted, there is often considerable residual uncertainty about whether interventions offer net benefits. In this essay we argue that high-quality research, namely by means of well-designed randomized trials, is ethically obligatory before, during, and after implementing policies in public health emergencies (PHEs). We contend that this standard applies to both pharmaceutical and non-pharmaceutical interventions, and we elaborate an account of equipoise that captures key features of debates in the recent pandemic. We build our case by analyzing research strategies employed during the COVID-19 pandemic regarding drugs, vaccines, and non-pharmaceutical interventions; and by providing responses to possible objections. Finally, we propose a public health policy reform: whenever a policy implemented during a PHE is not grounded in high-quality evidence that expected benefits outweigh harms, there should be a planned approach to generate high-quality evidence, with review of emerging data at preset time points. These preset timepoints guarantee that policymakers pause to review emerging evidence and consider ceasing ineffective or even harmful policies, thereby improving transparency and accountability, as well as permitting the redirection of resources to more effective or beneficial interventions. (shrink)

Unlike its friendly cousin the placebo effect, the nocebo effect (the effect of expecting a negative outcome) has been almost ignored. Epistemic and ethical confusions related to its existence have gone all but unnoticed. Contrary to what is often asserted, adverse events following from taking placebo interventions are not necessarily nocebo effects; they could have arisen due to natural history. Meanwhile, ethical informed consent (in clinical trials and clinical practice) has centred almost exclusively on the need to inform patients about (...) intervention risks with patients to preserve their autonomy. Researchers have failed to consider the harm caused by the way in which the information is conveyed. In this paper, I argue that the magnitude of nocebo effects must be measured using control groups consisting of untreated patients. And, because the nocebo effect can produce harm, the principle of non-maleficence must be taken into account alongside autonomy when obtaining (ethical) informed consent and communicating intervention risks with patients. (shrink)

Allies are extremely important to LGBT rights. Though we don’t often enumerate what tasks we expect allies to do, a fairly common conception is that allies “support the LGBT community.” In the first section I introduce three difficulties for this position that collectively suggest it is conceptually insufficient. I then develop a positive account by starting with whom allies are allied to instead of what allies are supposed to do. We might obviously say here that allies are allied to the (...) LGBT community, but I will argue that this community is better thought of as a loose coalition because there are often intersectional issues and conflicting interests that challenge any unified sense of community. I argue that people typically become allies because a friend or family member is experiencing some kind of specific harm; if that harm or discrimination is what causally explains why people become allies, then allies are required to do more than we commonly think. Although allies have a prima facie obligation to honor what members of a subcommunity identify as a harm, this obligation is defeasible if an ally believes fulfilling the obligation would be harmful. I conclude by looking at how we can understand what an ally is in terms of a larger discussion about moral obligations. If people already have these obligations, whatever they are, because morality requires it, then the status “ally” is redundant. I conclude by showing that certain social statuses can not only transform or reprioritize prior moral commitments, but can also introduce new kinds of responsibility that an agent did not have before. (shrink)

In a paper recently published in this journal, Navin and Largent argue in favour of a type of policy to regulate non-medical exemptions from childhood vaccination which they call ‘Inconvenience’. This policy makes it burdensome for parents to obtain an exemption to child vaccination, for example, by requiring parents to attend immunization education sessions and to complete an application form to receive a waiver. Navin and Largent argue that this policy is preferable to ‘Eliminationism’, i.e. to policies that do not (...) allow non-medical exemptions, because Inconvenience has been shown to maintain exemption rates low while not harming parents by forcing them to do something that goes against their beliefs. We argue that it is at least doubtful that Inconvenience is ethically preferable to Eliminationism: while the latter disregards the value of liberty, Inconvenience disregards the value of fairness in the distribution of the burdens entailed by the preservation of a public good like herd immunity. We propose a variant of Inconvenience, which we call ‘Contribution’, which we think is preferable to the versions of Inconvenience discussed by Navin and Largent in that it successfully strikes a balance between the values of parents’ liberty, fairness and expected utility. (shrink)

This paper examines how the concepts of utility, impartiality, and universality worked together to form the foundation of Adam Smith's jurisprudence. It argues that the theory of utility consistent with contemporary rational choice theory is insufficient to account for Smith's use of utility. Smith's jurisprudence relies on the impartial spectator's sympathetic judgment over whether third parties are injured, and not individuals' expected utility associated with individuals' expected gains from rendering judgments over innocence or guilt.

The dominant framework for addressing procreative ethics has revolved around the notion of harm, largely due to Derek Parfit’s famous non-identity problem. Focusing exclusively on the question of harm treats what procreators owe their offspring as akin to what they would owe strangers (if they owe them anything at all). Procreators, however, usually expect (and are expected) to parent the persons they create, so we cannot understand what procreators owe their offspring without also appealing to their role (...) as prospective parents. I argue that prospective parents can wrong their future children just by failing to act well in their role as parents, whether or not their offspring are ultimately harmed or benefitted by their creation. Their obligations as prospective parents bear on the motivations behind their reproductive choices, including the choice to select for some genetic trait in their offspring. Even when procreators’ motivations aren’t malicious, or purely selfish, they can still fail to recognize and act for the end of the parental role. Procreators can wrong their offspring by selecting for some genetic trait, then, when doing so would violate their obligations as prospective parents, or when their motivation for doing so is antithetical to the end of the parental role. (shrink)

The burgeoning literature on jus post bellum has repeatedly reaffirmed three positions that strike me as deeply implausible: that in the aftermath of wars, compensation should be a priority; that we should likewise prioritize punishing political leaders and war criminals even in the absence of legitimate multilateral institutions; and that when states justifiably launch armed humanitarian interventions, they become responsible for reconstructing the states into which they have intervened – the so called “Pottery Barn” dictum, “You break it, you own (...) it.” Against these common positions, this chapter argues that compensation should be subordinate to reconstruction, with resources going where they are most needed and can do the most good, rather than to the most aggrieved. Just punishment, meanwhile, presupposes just multilateral institutions – the victor cannot be trusted to mete out punishment fairly. And just interveners, who have already taken on such a heavy burden, are entitled to expect the international community to contribute to reconstruction after they have made the first and vital steps. After presenting each of these objections in greater depth, the chapter proceeds to draw some tentative inferences from the threads running through each, and suggest that they illustrate a distinctive flaw in the way in which jus post bellum is addressed by many just war theorists, who not only see the war as the grounds of post bellum duties, but also take it to specify their content: Specifically, they take the rights violations with which wars are imbued to be the basis for post-war action, but take the content of post-war duties to be focused on rectifying those rights violations, rather than the more forward-looking goal of establishing a lasting peace. This backward-looking orientation unduly confines these theorists to making attributions of fault, to a limited palette of normative concepts, and to a focus on the belligerents rather than the international community as a whole. Undoubtedly warfare creates a distinctive normative relationship between belligerent states (though we must question how much of this devolves to the citizens of those states). War does generate grounds for post-war duties – but there are other grounds for those duties too, moreover the grounds should not determine the content. It of course matters that the citizens of two states harmed one another in violation of their rights. But when the war is done, peacebuilding should be the priority, not raking over the wrongs of both sides. Sections 2–4 present the objections, Section 5 offers the tentative analysis and proposes a shift in focus toward an ethics of peacebuilding, and Section 6 concludes. (shrink)

In recent work Mary Kate McGowan presents an account of oppressive speech inspired by David Lewis's analysis of conversational kinematics. Speech can effect identity-based oppression, she argues, by altering 'the conversational score', which is to say, roughly, that it can introduce presuppositions and expectations into a conversation, and thus determine what sort of subsequent conversational 'moves' are apt, correct, felicitous, etc., in a manner that oppresses members of a certain group (e.g. because the suppositions and expectations derogate or demean members (...) of that group). In keeping with the Lewisian picture, McGowan stresses the asymmetric pliability of conversational scores. She argues that it is easier to introduce (for example) sexist presuppositions and expectations into a conversation than it is to remove them. Responding to a sexist remark, she thus suggests, is like trying to "unring a bell". I begin by situating McGowan's work in the wider literature on speech and social hierarchy, and explaining how her account of oppressive speech improves upon the work of others in its explication of the relationship between individuals' verbal conduct and structurally oppressive social arrangements. I then propose an explanation and supportive elaboration of McGowan's claims about the asymmetric pliability of conversations involving identity-oppressive speech. Rather than regarding such asymmetry as a sui generis phenomenon, I show how we can understand it as a consequence of a more general asymmetry between making things salient and un-salient in speech, and I show how this asymmetry also operates in various cases that interested Lewis. (shrink)

Hume maintains that the boundaries of morality are widely drawn in everyday life. We routinely blame characters for traits that we find disgusting, on this account, as well as those which we perceive as being harmful. Contemporary moral psychology provides further evidence that human beings have a natural tendency to moralize traits that produce feelings of repugnance. But recent work also demonstrates a significant amount of individual variation in our sensitivities to disgust. We have sufficient reason to bracket this emotion, (...) therefore, when adopting the general point of view: if we allow idiosyncratic affective responses to shape our fully considered moral judgments, we could no longer reasonably expect spectators with different sensitivities to agree with us. (shrink)

In his “Farewell to Substance: A Differentiated Leave-Taking”, Peter Simons reaches the provocative conclusion that the concept of substance, as it is employed by metaphysicians, has become obsolete, since in the end there may be nothing at all which answers to it. No harm is done, Simons allows, if we continue to retain an everyday notion of substance, as long as we are aware of the limitations of this practice: there is no reason in general to expect that what (...) is salient from our specifically human point of view will retain a special place in light of our most considered scientific and metaphysical theories of the world. In this paper, I argue that, contrary to Simons’ pessimistic outlook, the concept of substance continues to retain its importance for metaphysics. Among the primary explanatory roles played by the concept of substance in metaphysics is its use in designating certain kinds of entities as occupying a privileged position relative to a particular ontology. But disputes over substancehood can also target the criteria themselves relative to which an ontologically privileged position is awarded to certain taxonomic categories. In these uses, we see the concept of substance employed in an absolute, a relational and a comparative sense, to designate items as substances simpliciter, as the substances of something else, or as more or less deserving of substance status. (shrink)

Ethics should guide the design of electronic health records (EHR), and recognized principles of bioethics can play an important role. This approach was adopted recently by a team of informaticists designing and testing a system where patients exert granular control over who views their personal health information. While this method of building ethics in from the start of the design process has significant benefits, questions remain about how useful the application of bioethics principles can be in this process, especially when (...) principles conflict. For instance, while the ethical principle of respect for autonomy supports a robust system of granular control, the principles of beneficence and non-maleficence counsel restraint due to the danger of patients being harmed by restrictions on provider access to data. Conflict between principles has long been recognized by ethicists and has even motivated attacks on approaches that state and apply principles. In this paper we show how using ethical principles can help in the design of EHRs by first, explaining how ethical principles can and should be used generally, and then by, discuss how attention to details in specific cases can show that the tension between principles is not as bad as it initially appeared. We conclude by suggesting further ways in which the application of these (and other) principles can add value to the ongoing discussion of patient involvement in their health care. This is a new approach to linking principles to informatics design that we expect will stimulate further interest. (shrink)

All ordinary decisions involve some risk. If I go outside for a walk, I may trip and injure myself. But if I don’t go for a walk, I slightly increase my chances of cardiovascular disease. Typically, we disregard most small risks. When, for practical purposes, is it appropriate for one to ignore risk? This issue looms large because many activities performed by those in wealthy societies, such as driving a car, in some way risk contributing to climate harms. Are these (...) activities morally appropriate? -/- In this paper, I first summarize and respond to some arguments that purport to show that it is appropriate to ignore or discount very small risks. I argue that because our rationality is bounded, it is impossible for us to include every small risk in our decision-making process, and so we may reasonably use heuristics to guide many decisions. However, contrary to some thinkers, I argue that this does not violate the spirit of expected value theory; it merely shows that we should adopt a so-called "two-level" view. Our use of heuristics allows for the reasonable ignoring of some risks, and this perhaps explains why one might be inclined to think that individual climate-related risks are negligible. However, virtually all greenhouse-gas emitting activities in fact have some climate risk on the negative side of the ledger, and the use of heuristics does not permit the general ignoring of climate-change-related risk by individuals on grounds of expediency of judgment and decision-making. (shrink)

Several influential organisations have attempted to quantify the costs and benefits of expanding access to interventions-like contraceptives-that are expected to decrease the number of pregnancies. Such health economic evaluations can be invaluable to those making decisions about how to allocate scarce resources for health. Yet how the benefits should be measured depends on controversial value judgments. One such value judgment is found in recent analyses from the Disease Control Priority Network (DCPN) and the Study Group for the Global Investment (...) Framework for Women's and Children's Health. Noting the decrease in the number of pregnancies expected to result from providing access to family planning, DCPN and the Study Group claim that a substantial benefit of such interventions is averting the stillbirths and child deaths that would have resulted from those pregnancies. We argue that health economic analyses should not count such averted deaths as benefits in the same way as saved lives. First, by counting averted stillbirths and child deaths as a benefit but not counting as a cost the lives of babies who survive, DCPN and the Study Group implicitly commit themselves to antinatalism. Second, this method for calculating the benefits of family planning interventions implies that infertility treatments are harmful. Determining how potential people should be treated in health economic analyses will require grappling with population ethics. (shrink)

Our attitudes toward human culpability for environmental problems have moral and emotional import, influencing our basic capacities for believing cooperative action and environmental repair are even possible. In this paper, I suggest that having the virtue of forgivingness as a response to environmental harm is generally good for moral character, preserving us from morally risky varieties of pessimism and despair. I define forgivingness as a forward-looking disposition based on Robin Dillon’s conception of preservative forgiveness, a preparation to be deeply (...) and abidingly accepting yet expecting human error. As with other virtues, however, preservative forgiveness is available to some of us more than others; in the second half of this paper, I consider the deep challenge posed by rational pessimism, especially on the part of those who have been given many reasons not to hope for the very moral improvements for which they strive. I conclude that for those of us with the power roles and personal resources especially conducive to environmental activism, preservative forgiveness inclines us to remain engaged in environmental activism with fellow flawed human beings, recognizing our own mutual depredations while committing us to cooperatively respond. (shrink)

Current technology and surveillance practices make behaviors traceable to persons in unprecedented ways. This causes a loss of anonymity and of many privacy measures relied on in the past. These de facto privacy losses are by many seen as problematic for individual psychology, intimate relations and democratic practices such as free speech and free assembly. I share most of these concerns but propose that an even more fundamental problem might be that our very ability to act as autonomous and purposive (...) agents relies on some degree of privacy, perhaps particularly as we act in public and semi-public spaces. I suggest that basic issues concerning action choices have been left largely unexplored, due to a series of problematic theoretical assumptions at the heart of privacy debates. One such assumption has to do with the influential conceptualization of privacy as pertaining to personal intimate facts belonging to a private sphere as opposed to a public sphere of public facts. As Helen Nissenbaum has pointed out, the notion of privacy in public sounds almost like an oxymoron given this traditional private-public dichotomy. I discuss her important attempt to defend privacy in public through her concept of ‘contextual integrity.’ Context is crucial, but Nissenbaum’s descriptive notion of existing norms seems to fall short of a solution. I here agree with Joel Reidenberg’s recent worries regarding any approach that relies on ‘reasonable expectations’ . The problem is that in many current contexts we have no such expectations. Our contexts have already lost their integrity, so to speak. By way of a functional and more biologically inspired account, I analyze the relational and contextual dynamics of both privacy needs and harms. Through an understanding of action choice as situated and options and capabilities as relational, a more consequence-oriented notion of privacy begins to appear. I suggest that privacy needs, harms and protections are relational. Privacy might have less to do with seclusion and absolute transactional control than hitherto thought. It might instead hinge on capacities to limit the social consequences of our actions through knowing and shaping our perceptible agency and social contexts of action. To act with intent we generally need the ability to conceal during exposure. If this analysis is correct then relational privacy is an important condition for autonomic purposive and responsible agency—particularly in public space. Overall, this chapter offers a first stab at a reconceptualization of our privacy needs as relational to contexts of action. In terms of ‘rights to privacy’ this means that we should expand our view from the regulation and protection of the information of individuals to questions of the kind of contexts we are creating. I am here particularly interested in what I call ‘unbounded contexts’, i.e. cases of context collapses, hidden audiences and even unknowable future agents. (shrink)

Appealing to African values associated with ubuntu such as communion and reconciliation, elsewhere I have argued that they require compensating those who have been wronged in ways that are likely to improve their lives. In the context of land reform, I further contended that this principle probably entails not transferring unjustly acquired land en masse and immediately to dispossessed populations since doing so would foreseeably lead to such things as capital flight and food shortages, which would harm them and (...) the broader society. Oritsegbubemi Anthony Oyowe has recently argued against my claim that land reform should be enacted in a way expected to benefit victims of colonialism while not greatly burdening innocent third parties, instead supporting the return of land to its rightful owners regardless of how the manner in which it were done would affect people’s quality of life. Here I expound Oyowe’s argumentation and respond to it in defence of my initial position, appealing to examples from southern Africa to illustrate. (shrink)

It was already Hannah Arendt, who, referring to Kant, emphasized the difference betweentruth and meaning, between practical common sense and opinions. It is interesting that the common sense approach is still completely dominant today, even among theologians, who are so often accused of irrationality – or perhaps just because of it. Theology seems to feel compelled to appeal to common sense, to show the modern world, that it is useful, or at least that it is not harmful. Our discussion in (...) this essay concerns the relationship between religion and violence. We will try and explore the problem on the fundamental level, with no pretensions to offer yet another proposal in the style of 'how to ...', that modern requirements for practicality require and expect. (shrink)